Before a draft MEA is ready to be signed, the Law of the Republic of Armenia on “International Agreements” requires that the appropriate Ministry (namely, the Ministry of Nature Protection) receives the approval of its final decision regarding whether to sign the document from the relevant structural units of the Ministry of Nature Protection and other governmental agencies. The text of the draft agreement with all of its amendments and comments is submitted to the Ministry of Foreign Affairs (MFA) in its original language and in Armenian. After adding its own recommendations regarding acceptance, the Ministry of Foreign Affairs transmits the draft agreement to the Government for approval. If the Government approves the draft agreement, an official is authorised to sign the instrument.
While discussing the draft agreement, agencies and the Government take into consideration the urgency of the matter, potential legal conflicts or changes in legislation that would be necessary, capacity to implement the MEA’s provisions, current economic conditions, and other factors. The agencies that are responsible for this review are the Department of International Co-operation of the Ministry of Nature Protection and the Legal Department of the Ministry of Foreign Affairs.
Through these comprehensive and thorough reviews, Armenia is able to identify potential difficulties with an MEA and propose necessary (or desirable) changes to a draft MEA. This makes the process of ratification or accession easier for Armenia, as it helps to remove potential barriers in advance. For example, in the process leading up to the Environment for Europe Conference in May 2003, as the draft agreements to be signed at the Conference were being developed, Armenia subjected them to this thorough process of internal consultations and review, which enabled Armenia to determine which of the documents they should sign and any changes that might be necessary.
An MEA undergoes a similar process of inter-agency commentary and approval when the Republic of Armenia seeks to ratify the MEA. Again, all the agencies participate in the process, with the MFA serving as the focal point, and the package of documents is transmitted to the Government. In this case, after the Government issues its approval, the treaty and corresponding documents are transmitted to the Constitutional Court to identify whether the treaty might conflict with the national Constitution in any way. After the determination of conformity with the Constitution, the issue of ratification is transmitted to the National Assembly (Parliament) of the Republic of Armenia, where the final decision and act on ratification is reached.
For more information, contact Mrs. Margarita Korkhmazyan korkhmag@yahoo.com or Mr. Artak Apitonian a.apitonian@mfa.am